CAT/C/75
page 15
and tortured in various ways (beatings, plastic bags on their heads, electric shocks, attempted
suffocation) by members of the judicial police. Both brothers were still in custody and the
relatives therefore had no means of subsistence.
B. Public human rights bodies
47.
As mentioned above, the Committee members interviewed representatives of the
National Human Rights Commission and the human rights commissions of each of the States
visited, as well as the Human Rights Procurator for Baja California, whom they met in Mexico
City. All of them provided the Committee members with relevant documentation, notably their
institutions’ latest annual reports and recommendations. The Committee members also had
access to the annual reports of the Jalisco State Human Rights Commission, to which reference
will be made in this chapter.
1. National Human Rights Commission
48.
The representatives of the National Human Rights Commission (CNDH) said that their
annual statistics and reports included only those cases of torture in which the facts had been
proved, not cases in which complaints had been lodged but torture had not been established.
They also said the Federal authorities - the authorities that fall within CNDH’s jurisdiction - had
made great efforts to eradicate torture, but that cases continued to occur. This was due not to
State policy but rather to a lack of training for police officers, a problem that was particularly
acute in those public attorneys’ offices where resources were scarce. Many such offices did not
even have any expert services, a situation that only encouraged the use of torture. The police
force responsible was not the Federal Preventive Police, since it had no detainees in its charge,
but the judicial police, with the connivance of the Attorney-General’s Office. They also said
there was a “hidden total” of cases of torture that were never reported to any human rights
commission, and that non-reporting was a problem CNDH wished to investigate.
49.
According to the report covering the period between November 1999 and
November 2000, the Commission registered nine new dossiers concerning allegations of torture.7
It also recorded 211 complaints of cruel and/or degrading treatment, 133 of threats, and 85 of
intimidation.8 The report mentions eight recommendations in which there is a finding of
excessive force used during detention or abuse of authority resulting in injury or inhuman or
degrading treatment that might amount to torture (recommendation 19/2000). One of the
recommendations, 11/2000, refers to Martín Zavala Limón, who was detained
on 11 August 1997 by members of the Public Security Directorate of the municipality of
Zapopan, Jalisco, and brutally beaten to death. Among other things, the Commission noted
irregularities in the initial investigation into the incident on the part of the Office of the Jalisco
State Attorney-General. In recommendation 19/2000, the Commission also considered the
injuries - possibly the result of torture - to Mr. Carlos Montes Villaseñor, who was detained by
Army personnel on 13 November 1998 in El Achotal, a township in Atoyac de Alvarez,
Guerrero.9
50.
The CNDH representatives also said that they had recorded six complaints of torture
between January and August 2001. In response to one, the Commission had issued
recommendation 8/2001 on the torture inflicted on Norberto Jesús Suárez Gómez, a former
public attorney in Chihuahua, by members of the Federal judicial police Organized Crime Unit